Example Draft Placer County Ordinance Establishing an In-Lieu Parking Fee Program
1 A. The General Development Regulations requires that all new development provide a minimum number of parking spaces to serve the development. Planning goals for the Kings Beach Commercial Community Plan area call for a compact and walkable environment that minimizes the impact of parking. In addition, land ownership patterns in this area make the provision of on-street parking difficult, hindering redevelopment efforts. This article establishes an in-lieu parking fee program to allow payment of a fee for some or all parking associated with a development in the area, rather than construction of on-site parking. The fund into which the fee is paid is reserved for future provision of publicly accessible parking spaces in the Kings Beach Commercial Community Plan area, or other programs to reduce parking demand.
2 B. The intent of this fee program is to supplement the existing General Development Regulations contained in Article 17.54.050 of the Placer County Code, by defining an alternative means by which to fulfill minimum parking requirements with the Plan area. The basic requirements of said General Development Regulations are not affected by the provisions of this article.
C. The in-lieu fee program established in this article shall be applicable to all new development (both public and private) located within the boundaries of the Kings Beach Commercial Community Plan area, as shown on Exhibit A, attached to the ordinance codified in this article and incorporated in this article by reference.
For the purpose of this article, certain terms or words used herein shall be defined as follows:
"Approval" means an actual use entitlement granted by Placer County, not an acceptance of anapplication as complete.
"Board" means the Placer County board of supervisors.
"Building permit" means the permit required by Placer County to do or cause to be done any work regulated by the county's building codes.
"Director" means the Placer County director of planning or his/her designee.
"Plan Area" means the Kings Beach Commercial Community Plan Area, as shown on Exhibit B.
Funding and collection process.
The collection process and the amount of fees for provision of public parking in the Plan Area shall be as specified below:
A. Collection of Fee.
1. At the discretion of the director, a fee may be paid for uses within the Plan Area in lieu of complying with Article 17.54.050 (Off-Street Parking Standards). The director shall determine if the development lies within the specific Plan Area, the type of development, and the corresponding fee to be charged in accordance with this article.
B. Amount of Fee.
1. The amount of payment for each required parking space shall be fixed by resolution adopted from time to time by the board, but in no case shall exceed the estimated, normal, current cost to the county of providing required parking spaces to serve the contemplated use.
2. Fees paid in accordance with this article are collected to fund a general public parking program serving the plan area and are not intended for any specific improvement project. The fees paid shall be the most current fees as established by the board, regardless of any prior in-lieu parking fees paid. However, such prior fees paid shall be counted toward the current fee obligation. Any off-street parking requirement satisfied in this manner shall run with the land, and any subsequent change of use that requires more parking shall require subsequent action to satisfy the additional parking requirement.
C. Time of Collection of Fees. Fees for all development projects for which payment of fees in lieu of on-site parking is desired shall be paid prior to the issuance of building permits. Fees for development projects which do not require building permits shall be paid before any other applicable county approval is made final.
D. Use of Fee. The fees collected shall be used for the following purposes: (1) to construct new public parking spaces in the vicinity of the use; or, (2) to fund other transportation capital projects that are proved through technically competent analysis to reduce the demand for parking at a cost comparable to that of a new public parking space.
E. Fee Review and Adjustments.
1 The fee described on attached Exhibit A shall be effective on January 1, 2007. Future adjustments to the fee schedule may be made by board resolution.
2 The director shall maintain the current fee schedule. The director shall make the current fee schedule available for public review upon request.
F. Dispute Resolution. Any dispute regarding a determination by the director shall be resolved by the board.
G. Trust Fund. An interest-bearing trust fund shall be maintained exclusively for the Kings Beach Commercial Community Plan Area. These trust funds and interest earned by these trust funds shall be used solely for improvements identified in Section D, above, within the Plan Area. Upon receipt by Placer County, fees collected shall be deposited in the trust fund by the department of planning.
H. Phasing. If a project is phased, payment of fees pursuant to this article may be similarly phased.
I. Termination. If this fee program is terminated, any excess funds collected prior to dissolution of this fee program shall be used within the Plan Area for those purposes identified in Section D, above.
A. Any person who believes himlherself to be adversely affected by an action or requirement of the county pursuant to this article may appeal the action or requirement to the board.
B. Variances from the requirements of this article shall be granted only if it is found that because of special circumstances applicable to the proposed development, the strict application of this article would deprive the proposed development of privileges enjoyed by other property in the vicinity under identical zoning classifications.
Other applicable sections of county code.
This article does not supersede, replace, or invalidate other applicable sections of County Code.
As of January 1,2007, the fee per in-lieu parking space shall be $16,350.